HomeMy WebLinkAbout2006-09-20; Planning Commission; Resolution 61111 PLANNING COMMISSION RESOLUTION NO. 6111
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT ON PROPERTY
4 GENERALLY LOCATED EAST AND WEST OF THE
INTERSECTION OF COLLEGE BOULEVARD AND CANNON
ROAD, AND EAST AND WEST OF CANNON ROAD IN
6 LOCAL FACILITIES MANAGEMENT ZONE 14.
CASE NAME: ROBERTSON RANCH EAST VILLAGE
7 MASTER TENTATIVE MAP
CASE NO: HDP 02-078
9 WHEREAS, Calavera Hills II, LLC, "Owner," has filed a verified application
I o with the City of Carlsbad regarding property described as
I1 Those portions of Lots D and E of Rancho Agua Hedionda, in
the City of Carlsbad, County of San Diego, State of California.
According to Map thereof No. 823, filed in the Office of the
13 County Recorder of San Diego County, November 16, 1896,
described as follows:
14 Parcel 1:
15 Parcel 1 on Certificate of Compliance recorded November 28,
2001, as File No. 2001-0865064 of Official Records;16
Parcel 2:
17 The remainder parcel of Carlsbad Minor Subdivision 02-10 as
18 shown on Parcel Map No. 19804 recorded August 3, 2005, as
File No. 2005-0659805 of Official Records;
19 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Hillside
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Development Permit as shown on Exhibits "A" - "KK" dated May 31, 2006, on file in the
23 Carlsbad Planning Department, ROBERTSON RANCH EAST VILLAGE MASTER
24 TENTATIVE MAP - HDP 02-07, as provided by Chapter 21.95 of the Carlsbad Municipal
25 Code; and
26 WHEREAS, the Planning Commission did on the 31st day of May, 2006,
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consider said request; and.
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WHEREAS, after hearing the staff presentation for the Robertson Ranch
2 Master Plan and public testimony on the project, the Planning Commission did continue
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the public hearing to June 21,2006; and
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z WHEREAS, after hearing the additional staff presentation for the Robertson
6 Ranch Master Plan and public testimony on the project, the Planning Commission did
7 continue the public hearing to a date uncertain; and
8 WHEREAS, the Planning Commission did on the 20th day of September,
9 2006, hold a duly noticed public hearing on the continued Robertson Ranch Master Plan
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project; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
X 2*
13 Commission as follows:
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A) That the foregoing recitations are true and correct.
*s B) That based on the evidence presented at the public hearing, the Commission
APPROVES ROBERTSON RANCH EAST VILLAGE MASTER
17 TENTATIVE MAP - HDP 02-07, based on the following findings and subject
to the following conditions.
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Findings;
2Q 1. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.
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2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly
22 identified on the constraints map.
23 3. That the development proposal is consistent with the intent, purpose, and requirements of
24 the Hillside Ordinance, Chapter 21.95, in that the hillside conditions are properly
identified and are incorporated in the design; the project is designed to relate to the
25 slope of the land; highly visible slopes will be contour graded; the alteration of the
natural hillsides will be done in an environmentally sensitive manner to preserve
2" wildlife habitats; and the project will implement NPDES measures to reduce runoff
27 and avoid erosion.
28 4. That the proposed development or grading will not occur in the undevelopable portions
of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code,
in that no grading will occur in areas with slopes over 40%, with the exception of
PCRESONO. 6111 -2-
areas that are exempt from the hillside regulations because they were previously
2 graded, because grading is required for a Circulation Element roadway, or because
the slopes have less than 15 feet in elevation difference and an area of less than
3 10,000 square feet.
That the project design substantially conforms to the intent of the concepts illustrated in
<- the Hillside Development Guidelines Manual, in that on-site grading is within the
acceptable quantity range with 7,787 cu yds/acre; no slopes over 40 feet are being
5 created as a result of the grading scheme; and all manufactured slopes will be
landscaped in accordance with the City's Landscape Guidelines Manual.
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6. That the project design and lot configuration minimizes disturbance of hillside lands, in
that the significant slope and sensitive habitat areas are being preserved in open
space.
10 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
the final map or issuance of grading permit, whichever occurs first.
13 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
14 implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
, 6 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
17 conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Hillside Development Permit.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Hillside Development Permit documents, as necessary to make
2Q them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
21 development, different from this approval, shall require an amendment to this approval.
22 3. This approval is granted subject to the certification, adoption, and approval of the
Program Environmental Impact Report and Mitigation Monitoring and Reporting
2 Program (EIR 03-03), MP 02-03, GPA 02-04, LFMP 14(B), BMP 06-04, CT 02-16,
24 and SUP 02-05 and is subject to all conditions contained in Planning Commission
Resolutions No. 6105, 6106, 6107, 6108, 6109, 6110, and 6112 for those other approvals
25 incorporated herein by reference.
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1
2 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
6 you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
g follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
. zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
12 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of September, 2006, by
16 the following vote, to wit:
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18 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
19 Dominguez, Heineman, Segall, and Whitton
20 NOES:
21 ABSENT:
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24 ii MARTELL B. MONTGOMER^hairperson
25 CARLSBAD PLANNING COMMISSION
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27 ATTEST:
28
DON NEU
Assistant Planning Director
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